U.S. judge overturns Trump rule that protected doctors opposed to abortion

Trump's 'conscience' rule protected health providers who deny care for religious reasons.

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By Paul W. Dennis

A federal judge in USA has overturned a Trump administration rule that protected the freedom of conscience of health care workers who are opposed to procedures such as abortion, suicide and gender-change surgeries that conflict with their moral or religious beliefs.

According to The New York Times news paper, District Judge Paul A. Engelmayer, who was nominated by President Obama, ruled on Tuesday that United States Department of Health and Human Services (HHS) exceeded its authority and that the rule was not needed.

The judge also said that HHS’ claims that it issued the rule because of complaints made to it from healthcare workers was not backed up by evidence.

“Today, the court safeguarded the public’s health by striking down the Trump administration’s healthcare refusal rule,” Clare Coleman, president and CEO National Family Planning & Reproductive Health Association (NFPRHA) said in a statement.

“This unlawful rule is an outright attack on the health and wellness of millions of people across the country, and the court heard clear and compelling arguments about the harm communities face when our healthcare system is distorted to the point in which a patient’s healthcare needs are not paramount,” she said.

Speaking to local media sources, HHS declined to comment on the judge’s decision.

“HHS, together with DOJ [the Department of Justice], is reviewing the court’s opinion and so will not comment on the pending litigation at this time,” the department said in an email to FierceHealthcare.

The Health Department finalized the new rule in May, saying it protects “individuals and health care entities from discrimination” on the basis of conscience and fulfilled President Trump’s “promise to promote and protect the fundamental and unalienable rights of conscience and religious liberty.” 

Religious liberty groups, according to ChristianHeadlines.com, said the decision removes much-needed protections for health care workers.

“This decision leaves health care professionals across America vulnerable to being forced to perform, facilitate, or refer for procedures that violate their conscience,” Stephanie Taub, senior counsel for First Liberty Institute was quoted as saying.

“The Trump Administration’s HHS protections would ensure that healthcare professionals are free to work consistent with their religious beliefs while providing the best care to their patients,” he added.

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